Terms of website use
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Website Use. IF YOU DO NOT AGREE TO THE TERMS OF WEBSITE USE, YOU MAY NOT USE THE SITE.
If you are under 16 years old, you may browse the Site but you may NOT provide personal information to us or register on the Site. The Site is not directed to or intended for children under 16 years old.
Changes to the Site and Terms of Website Use
- To the extent permitted by applicable law, we reserve the right to modify, change or delete any part of these Terms of Website Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Website Use is at the top of this page. Your continued use of the Site after the changes are effective constitutes your agreement to all such changed Terms of Website Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Website Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
- We do not guarantee that the Site, or any content on it, will be free from errors or omissions. Access to the Site is permitted on a temporary basis. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
- All information and content available on the Site and its ‘look and feel’, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of FLAIR DE MUSE, our parent company, subsidiaries, affiliates, partners or licensors, and is protected by laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
- Except as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior, written consent.
- We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Site. Use of the Site includes accessing, browsing, or registering. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site and/or Content (except caching or as necessary to view the Site); (c) make any use of the Site and/or Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site and/or Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other ‘hidden text’ utilizing any Content; (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; (h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (i) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (j) intentionally violate any applicable local, state, national or international law; (k) transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or (l)engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam.". You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
- We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A personal and non-commercial website that links to the Site may (i) link to, but not replicate, our Content; (ii) not imply that we are endorsing such website or any services or Products referenced or featured thereon; (iii) not misrepresent its relationship with us; (iv) not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) not portray us or our Products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable Products, services, or opinions; and (vi) not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site and, upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
- Any unauthorized use by you of the Site and/or Content automatically terminates the limited licenses without prejudice to any other remedy provided by applicable law or these Terms of Website Use
Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms of Website Use and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on the Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Website Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Website Use, you shall be liable for all the losses that this may cause to us, our parent company, subsidiaries, affiliates, partners or licensors.
Third party links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parent company, subsidiaries, our affiliates or our partners of the referenced content, Product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, Products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special features, functionality and events
- If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to us. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all losses arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission to the extent caused by you.
You agree to defend, indemnify and hold us, our parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Content in violation of any law, rule, regulation or these Terms of Website Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
- You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
- Nothing contained in these Terms of Website Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- In the event that any provision of these Terms of Website Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Website Use unenforceable or invalid as a whole but these Terms of Website Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
- No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these Terms of Website Use and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
- You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.